Law Exam

Courts and judicial system are impartial. Judges are free to act without influence or control from executive and legislative branches. Not corrupted or influenced by other individuals, businesses or political groups. Protects the weak from the powerful; the minority from the majority; the poor from the rich, the citizens from excesses of government.

a number of people trying to influence legislature on behalf of a cause/interest

A person not originally a party to a suit who voluntarily enters into the action to protect some interest that he or she claims to have in the case.

a judgment or decision of a court that is cited in a subsequent dispute as an example or analogy to justify deciding a similar case in the same manner

EXAMPLE: R v Lavallee

public, non-violent breach of law with the aim of bringing about a change in laws or policies

**contradiction: acting non-violent to provoke violent response to attract publicity - gives power

this is so powerful because it creates a lose-lose situation for authority

official Government (crown) inquiries into matters of national concern, either in order to look into an important general issue or to fully investigate a specific incident ex mmiw

In democratic elections, there are winners and losers. Losers in an election must accept the results of the election. Problem in the States

Corruption occurs when government officials use public funds for their own benefit or exercise power in an illegal manner. To protect against this abuse of power, democratic governments are often structured to limit power.

officials must make decisions and perform duties according to the wishes of who they represent, not for themselves people must be aware of the actions of the government for the government to be held accountable. Transparent governments hold public meetings, keep the press and people informed. ALSO trials are public.

List of citizens' rights and freedoms, limits power of government, states that freedoms are guaranteed and protects people from abuse of power of their government.

Democratic society strives for. The rights of minorities are protected. Those not in power must be allowed to organize and share opinions.

More than a right, it's a responsibility. Running for office, voting, becoming informed, attending community meetings, paying taxes, serving on jury, protesting. Builds stronger democracy.

More than one party participates in elections and plays a role in government. Provide different viewpoints, provide voters with choice.

All are equal before the law, entitled to equal protected of the law without discrimination.

No one is above the law, including elected officials, police and military.

Laws are enforced equally, fairly, consistently.

Elected officials are chosen by the people. Elections are held regularly. Most adult citizens have the right to vote and run for office regardless of race, gender, ethnicity and economic status. No obstacles to voting (intimidations, corruption or threats)

All individuals valued equally, equal opportunities and must not be discriminated against. Human rights of all are protected.

Government allows some private ownership of property and businesses. People are allowed to choose their own work and join unions.

Good life - city - good city - justice, rich - richer on the backs of poor people - creates 2 cities = conflict Democracy will always result in tyranny

Simple majority isn't what always encourages social change (Jim Crow, emancipation etc)

Oppressive government

Greed, absence of awareness. Rule of money extended. Power given to markets rather than the people. Attacking people/democracy through economic means. Ex Greek's protest/referendum being overruled.

Power of the people

Is it not the case most people are afraid of freedom? want authority? rather be followers? Burden of freedom is too much?

On paper but not enforced.

• intoxication as a defence for sexual assault

• ruling accepted defence, but this is countered with the government’s Bill C-72 which denies this defence

• judicial system and the government act separately from each other

• • other intoxication cases changing law (the guy who killed his parents while drunk and on mushrooms

Based on following previous judicial decision.

Laws passed by legislatures.

Lawyer employed by the state to prosecute criminal offence.

Ewanchuck charged with sexual assault, raises defence of "implied consent" because she didn't leave. Judge accepted defence and Ewanchuck was acquitted. Supreme Court found "implied consent" not a defence.

Demonstrates the changing legal definition of consent

Gunman killed 14 women at Ecole Polytechnique. Coalition for Gun Control was formed, campaigned to change Canadian gun laws. Passed Firearms Act (1995) (mandatory weapons registration)

Yes: Keeping women and children safe and aware. No: Unfair sentencing targets marginalized (homeless), sex offenders are the least likely offenders to reoffend, they can't find housing, get a job, pushing re-offending.

An implicit agreement among the members of a society to cooperate for social benefits. How much are marginalized people willing to hold up the contract when it doesn't benefit them or outright harms them.

Genetic Genealogy Testing. Filming.

Democracy: Voting representatives who shape law.

Covid, environmental law.

Women's vote, civil rights, abortion, First Nations police force in Saskatchewan, race, online hate legislation, genealogical and DNA testing

Manitoba's provincial laws only written in English, does this make them invalid? How does Manitoba govern until translation? Laws valid temporarily.

No laws.

Written, have to be made.

Come naturally, moral principles, present in many cultures.

Acquisition of one country's territory by another.

Government violated Rule of Law sending surveyors because they didn't legally own the land yet. Riel executed Scott, breaking British law.

Protest, big events, organized action, lobbies. Court cases and precedents, court challenge. Ex Native Fishing Rights, Quebec secular law. Demographics, technology, values, emergencies.

Process of redrawing legislative boundaries for the purpose of benefiting a political party.

Examining existing laws, and advocating and implementing changes in a legal system, usually with the aim of enhancing justice or efficiency.

Government makes laws. Influenced by their voters (values), lobbies, protests, individuals (court cases, precedents and court challenge)

Abortion, Covid, Weed (wholesale change in attitude)

Allows courts to make the best decision for the country, regardless of outside political influences Protects the weak from the powerful; the minority from the majority; the poor from the rich, citizens from government. Ex Canada's judges aren't allowed to hold office or participate in election campaigns

Gives french territories to England, meant for a colony, not a country Makes British North America Canada Becomes Constitution Act, 1867

The Act that made the constitution fully Canadian, added the Charter of Rights and Freedoms to the constitution, and established procedures for amending the constitution.

U.S: Life liberty and the pursuit of happiness. Canada: Peace, order and good government.

• reasonable limits clause

• federal

• allows government to limit rights only to a point that is demonstrably justifiable

• example: jail (mobility rights), cigarette packages (expression)

• pressing

• impair as little as possible

• be proportional to good achieved

• notwithstanding clause

• allows provincial government to limit rights guaranteed in s. 2 and s. 7-15

• example: decline in the democratic characteristics of a political system

• outlines federal responsibilities

• example: defence, money, post office, unemployment insurance

• outlines provincial responsibilities

• example: education, healthcare

• first federal law to protect human rights and freedoms

• too limited and only applied on a federal level

• is superseded by the Canadian Charter of Rights and Freedoms in 1982, but still in effect

• broader and greater power (federal and provincial and is in the constitution) than the Bill of Rights

• both include freedom of speech, travel, press, due process, privacy, assembly, an attorney etc

• amendments must be accepted in federal parliament, the senate, and a minimum number of provinces

• this is important because Canada doesn't have to rely on the British to amend the Constitution

• also allows the country to keep the constitution up to date and representative of a change society

• outside of jurisdiction

• example healthcare to the federal government

• within jurisdiction

• example education to the provincial government

power to make decisions or judgments legal authority

• P. Trudeau repatriates the Constitution (Charter Rights and Freedoms and the Constitution Act)

• QC wants special recognition in the constitution that they are a distinct society

• Meech Lake Accord

• Proposals to amend the constitution would give QC recognition as a distinct society

• Deadline to pass Meech Lake Accord

• Newfoundland holds out because they worry QC will gain more power

• Manitoba blocks passage because they want Indigenous peoples to have that same distinct society recognition

• Charlottetown Accord

• Proposes distinct society status to Indigenous peoples and QC

• Referendums are conducted to pass it rather than trying to pass it in the 10 provinces

• It fails 40% yes.

• QC considers this a slap in the face.

QC referendum fails **QC never passes/signs onto the constitution

• Imposed by Indian Act

• Elected officials

• They say Yes to pipeline because it will result in money and jobs for the community

• Title passed down

• Say No to pipeline to protect environment

• Canadian laws that concern Indigenous issues

• traditional legal customs and practices

• the division of power

• centralized: power centralized at higher levels (CA)

• decentralized: power spread out, lower levels with more power (US)

• Programs and initiatives put in place to support individuals and families who need support

• example: unemployment, free healthcare

• recognizing a group as having separate culture, tradition, language and society

• example: QC

• proposes sovereignty act to refuse to follow federal laws and court decisions that are deemed against Alberta's interest/constitution

• combative stance against what he sees as a federal overstep, climate change policies that will cost the province, into provincial jurisdiction over their development of oil and gas

• wants QC to be separate and able to make decisions independently

• Highest court

• appeal court that hears provincial and federal cases

• decisions become binding in lower courts

• decisions are final and cannot be overturned

• 3 from QC

• that's because QC has different civil law from France and the Supreme Court needs experts in that kind of law

• 3 from ON

• 1 from East

• 2 from West

• Must be representative of the country, language and minorities

granting certiorari, or "cert"

Judicial Committee of the Privy Council in Britain

• women are considered persons only in terms of pains and penalties and not rights and privileges

• Emily Murphy becomes the first female judge in Edmonton

• Federal government is unable to appoint her the sent because only "qualified persons" can be

• In 1927, Murphy appeals to the Supreme Court through the Senate with five other women using s, 60 of the Supreme Court Act

• The question the Cabinet submits: Does the word "persons" in the BNAA include women?

• 1928: Supreme Court rules against the five

• 1929: JCPC in Britain rules in their favour

• Indigenous lawyer

• controversial: much less experienced than the justice she's replacing

• from Bay Street, finance lawyer

• pro bono work for immigrants

• protects basic rights and freedoms

• protects citizens from breeches by the government

• only amended by formal amendment of the constitution

Narrowing the interpretation given to legislation in order to prevent it from being declared unconstitutional

rule a piece of legislation invalid because it's inconsistent with the charter

• person at the top picks

• introduces appointer's bias

• example: Trump appointing justices at the end of his term which creates a conservative court

• perhaps not directly representative of the people

• judges with experience

• Judges outwardly push agenda

• campaign would undermine court's independence

• Supreme Court directly representing values of the people

• Challenging law, forcing it to comply

• shaping and reflecting social values

• balancing legislators and the charter

• interpret charter to make decision

• enforce the charter by ensuring laws adhere

• define it by interpreting it and making decisions on its application in a real-life setting, define it's reach and authority

10

• sexual assault

• she consented to sex with a condom but he took it off the second time without her knowledge

• his initial acquittal is overturned by BC court of appeal and then the Supreme Court rules against him

• Goldrush

• Great Britain wants to keep U.S as an ally and gives Alaska and BC coastline to them

• Canada doesn't have a say in their foreign affairs

• Self defense law that allows deadly force when there is a reasonable belief that it is necessary to defend against a perceived threat

• So wide that it can cover anyone's ass

• Example: Trayvon Marin

• Ward charged with selling blueback seal pelts, which is illegal based on the Marine Mammals Regulations

• He applies to the Supreme Court of Newfoundland to declare the Regulations are ultra vires to the federal government. They rule against him.

• The NFL Court of Appeal overturns the ruling.

• The Supreme Court of Canada rules that it's in the jurisdiction of the federal government because it's purpose is to protect the fishing industry

• Secularism Bill

• Prevents public authority figures (police, teachers) from wearing religious symbols while at work

• QC invokes s. 33

Government workers must communicate exclusively in French

• History teacher tells his class the Holocaust was fake/a conspiracy and expects students to repeat this on tests

• Charged with hate speech, but he argues that this violates his rights to freedom of expression

• Convicted in Alberta Court, overturned in Alberta Court of Appeal

• Supreme Court rules against him.

"marriage means the union of a man and a woman"

• invokes s. 33